Tales of Despair and Injustice at UntitledTown…

It’s been an exciting and fulfilling year since the June 27, 2017 release of my book Reclaiming Lives: Pursuing Justice for Six Innocent Men. This book recounts how those of us armed with a compassionate disposition and deep sense of duty, began a necessary campaign for justice on behalf of the six Wisconsin blue collar workers convicted of murdering fellow paper mill worker, Tom Monfils.

Book has won three national book awards since it was published in 2017

2009 book signing with (LtoR) John Gaie, Clare Martinson, Michael Piaskowski, Joan Treppa, and Denis Gullickson

This all began with another publication that details the case in a 487-page book titled The Monfils Conspiracy: The Conviction of Six Innocent Men. This book was published in 2009 by three Green Bay area residents; author Denis Gullickson and researcher John Gaie with the help of mill worker and exoneree in the case, Michael Piaskowski. Together they sifted through and documented laundry baskets full of information; a project that took eight years to complete. 

The book questions the guilt of all six men and proposes a possibility that the victim, Tom Monfils, may have committed suicide; an idea that should have been but was never explored during the 1995 trial.

The years since 2009 prior to publishing my book prompted many trips back and forth from Green Bay, Wisconsin to Minneapolis, Minnesota for collaborative purposes. Those trips have not slowed one bit. The miles have, in fact, increased since I published because of the generous reception my book has received from the literary community in Brown County—the same county (with Green Bay being the county seat) where the trial took place. Good fortune has surfaced through soliciting book fests and fairs and being picked up by libraries that are embracing the premise of my book which is much more focused on the everyday folks working behind the scenes and the untold stories of the families of the convicted men.

However, although I do not claim to be an expert on either the Monfils case or on the topic of wrongful convictions, this article from the July 1, 2018 Green Bay Press-Gazette deems me as a less than qualified social justice advocate on a mission to help these men gain their deserved freedom. It quite possibly goes as far as to suggest that any and all folks calling themselves social justice advocates are inept or simply bored with nothing better to do to occupy their time. But it doesn’t take rocket science to recognize common deficiencies in all wrongful convictions. Government misconduct, Brady Rule violations, the use of jailhouse informants, and the prevalence of ineffective assistance of counsel are all aspects that make significant and unfortunate impacts on people’s lives. Because of how prevalent these deficiencies are in the Monfils case, I feel confident that all of the men in question are completely innocent. I also strongly believe that an actual crime never even occurred.

I’m not usually timid or shy but the introvert in me experiences apprehension when I’m asked to speak in front of groups—large or small—which comes with the territory of being an author. But the benefits outweigh the negatives and provide great satisfaction in knowing that I’m doing my best to make a difference for others. Going beyond what feels comfortable is necessary because real justice was never achieved for those who lost a beloved family member and because of the pain and anguish that is still plaguing the families and close friends of the six men. Being aware of how uneducated the general public is about this case and about how the criminal justice system completely failed an entire community, is another motivating factor to get the correct facts out into the open.

As a participating author for the UntitledTown Book and Author Festival in Green Bay on April 21, 2017, I was given an amazing opportunity to share more recent developments of this case right in the heart of where it happened between 1992-5. My hour-long presentation took place at the Neville Public Museum in Downtown Green Bay.

Highlighted in my presentation were the most egregious flaws of the case and exceedingly plausible evidence discovered during a more recent re-investigation of the case by a well-respected Minneapolis law firm now working on the case Pro Bono. I explained that by omitting this crucial evidence, damaging biases were directed at six men; Keith Kutska, Dale Basten, Michael Johnson, Reynold Moore, Michael Hirn, and Michael Piaskowski that ultimately sent them to prison for life. The audience heard how their rights were trampled upon when none were given the option of having their own individual trial. They learned how powerless these men were to avoid becoming pawns in an unfair game that would drastically alter the course of their lives and the lives of their families. I shared a belief that the strategy of a joint trial was designed to confuse the jury and that the State knew they had insufficient evidence to support their so-called murder theory. I stressed the State’s inability to come up with exclusive charges that proved each of the men had specific roles in a fabricated “bubbler” (water fountain) confrontation. It is the belief of many who study this case that the State banked on throwing what evidence they could come up with at the jury to see what would stick.

Unfortunately that strategy worked, as is apparent in this admission by one of those jurors years later: “It was too much to process and too easy to just make the same decision for all of the defendants.”

Much of what I shared originated as new evidence at an evidentiary hearing in 2015. Its purpose was to request a new trial for Keith Kutska; the State’s main suspect. However, this new evidence was not convincing enough for the State of Wisconsin which concluded in one of its reply briefs that “The mere fact that twenty years after this conviction Kutska has dredged up evidence that was not presented at his trial, is not a reason to give him a new trial.” They said overall, the evidence provides no real proof that a jury would have reached a different conclusion had they heard it back then. And so far, higher courts have agreed with them as all appeals that have been filed in succession since then have, so far, been denied.

Brown County courtroom during 2015 evidentiary hearing 

But I and others respectfully disagree. When considering the new evidence—especially in regard to the specific knots on the rope and weight that were found on the victim—it’s easy to conclude that this death resulted in suicide.

To illustrate my point I invite you to compare the two images below. The top one is a diagram of a two half-hitch knot used in Coast Guard training. The bottom photo is of the actual rope and weight found on Tom Monfils’ body. The similarities of the knots cannot be dismissed. Furthermore, Retired Coast Guard Seaman George Jansen identified the actual knot as a two half-hitch knot during the 2015 hearing. This detail becomes very significant when we learn that Tom Monfils had been in the Coast Guard but none of the six men had. Another factor never mentioned during the 1995 trial is that when Lead Detective Randy Winkler sent the knots to the crime lab, they recommended he send them to the Coast Guard because they determined that the knots were nautical ones. Detective Winkler failed to adhere to this recommendation and the information was cast aside as irrelevant. I find it difficult to believe that the jurors would not have thought there was reasonable enough doubt to reach a different conclusion had they heard these specific pieces of information.

 

Photo courtesy of John Johnson

A large part of my slideshow was dedicated to analyzing the so-called confrontation near the “bubbler” and pointing out what a logistical nightmare it would have been to carry out. I stressed how unlikely it would have been to then keep this evil deed under wraps even though it supposedly happened in a very visible and well-traveled area within the mill. And to believe that all of these men and fellow mill workers alike stay silent about it to this day…is simply ludicrous and goes against the wisdom of Benjamin Franklin who said it best: “Three can keep a secret, if two of them are dead.”

At the museum, my designated space—a small room located down a long hallway—quickly filled to capacity. Equipped with 40 chairs, more were brought in to accommodate attendees that continued to arrive even after the program began. A cameraperson from the local news outlet WBAY Channel 2 in Green Bay arrived with mere minutes to spare before I was scheduled to begin, to do a quick interview. My sister, Clare, handed out flyers to the audience during that time.

This very brief news story was featured on the 10:00 news later that evening.

As is typical of my presentations, interviews, etc., the first minute or so is a struggle until I get my bearings. But the audience was kind. Respectful. And though many of the faces were familiar, many were not. I felt acceptance as all eyes focused on the large screen in front of them which projected photos and information carefully chosen for this local crowd that was very familiar with the case. They listened intently…like I had done on a memorable day back in 2009 when John Gaie first shared his tragic and horrific tale of injustice in my living room.

The room was quiet save for the sound of my voice and heavy sighs as a dismal tale of despair and injustice unfolded. Until the very end, no one indicated an urgency to leave. The audience continued to ask questions until it was absolutely necessary for me to pack up and make room for the next presenter.

I was grateful for this opportunity to explain to these folks why we cannot allow this injustice to continue, why we cannot forget about these men, and why it is imperative that they be granted immediate release.

Watch a 20-minute segment of my presentation on YouTube.

Order a signed copy of my book via this website or from Amazon.

Survivors and Heroes = True Champions…

“This looks like the place,” I said to my husband, Mike as we hurried to the entrance of the Giddens Alumni Learning Center on the Hamline University campus in St. Paul, Minnesota. I was feeling anxious because we were running late for a screening of the wrongful conviction documentary True Conviction.

According to the trailer we viewed online, the film tells the story of how three Texas exonerees; Christopher Scott, Steven Phillips, and Johnnie Lindsey1 combined forces to form a new detective agency based in Dallas, TX called House of Renewed Hope. Founded by Scott in 2010, the main focus of this non-profit organization is to help other wrongfully convicted prisoners.

Exonerees Johnnie Lindsey, Christopher Scott and Steven Phillips. (Photo used with permission from Independent Lens PBS)                      

Since becoming advocates for the wrongfully convicted, Mike and I have acquainted ourselves with both the courageous survivors of an imperfect criminal justice system and the everyday heroes working tirelessly to correct its many flaws. That evening, Thursday, April 19, 2018, we were about to meet Christopher Scott, one of those true champions who inadvertently dangled on both sides of that fence. After having been targeted, convicted, and exonerated for a crime he did not commit he began a crusade to help others achieve the same ending. He simply couldn’t forget the ones he knew about that had been left behind in prison.

Christopher and I connected on social media before this event was publicized and I was thrilled to learn he was the guest of honor. Being among the last to arrive at the theater-like room—now bustling with people—I hoped we didn’t miss our chance to speak with him before the film started. Sometimes it’s difficult to find the opportunity as an evening progresses and I worried about delivering a special gift to him that I had brought along.

I scanned the room as we descended the stairs. I spotted Christopher sitting by himself and not currently engaged in conversation. “Looks like we’ve arrived in time to introduce ourselves,” I told Mike.

On our way over to where Christopher sat, we said a quick “hello” to M Sheridan Embser-Herbert, director of the Hamline University Center for Justice and Law who was hosting the event. Standing near Christopher were the Innocence Project of Minnesota’s executive director, Nick Vilbas and the Project’s legal director, Julie Jonas.

Nick Vilbas, M Sheridan Embser-Herbert, Christopher Scott and  Julie Jonas (Photo courtesy of the Innocence Project of Minnesota)           

Christopher appeared relaxed as we approached. When I extended my hand to shake his, he sat tall and smiled while returning the gesture.

“Hey Christopher, I’m Joan,” I said. You and I are friends on twitter.”

Christopher’s face lit up and in a distinct Southern drawl he said, “I enjoy our twitter conversations.”

The three of us chatted for a few minutes. I then retrieved a copy of my book Reclaiming Lives from my handbag. “Here it is,” I said to Christopher. “And check out the sticker on the cover. I won a national book award.”

Christopher was grateful for the gift and said, “I’m definitely planning on reading this during my flight home.”

The film was about to start so Mike and I quickly found a pair of empty seats in the row behind and kitty-corner to where Christopher was seated.

The documentary—which aired on the Independent LensPBS program on April 30th—takes the audience on a deeply personal journey of the friendship, commitment, and heartache this trio had experienced. In addition to highlighting the work of their organization, the film reveals the circumstances of each of their wrongful convictions. Christopher’s roots and the repercussions of his absence which presented new and ongoing challenges for his family, are also emphasized in this highly emotionally charged film.

Christopher’s story: Christopher’s troubles began in 1997 when he wound up in the wrong place at the wrong time while driving to a friend’s house in a Dallas neighborhood. A robbery and fatal shooting had taken place that night, somewhere in the vicinity. There was a lot of commotion on the street with squad cars hugging the side of the road and flashing lights engaged. Police officers in the area were on high alert, looking for suspects. As Christopher cautiously drove by, he wondered what had happened. And he realized as he turned the corner that a squad car with its flashers on had pulled up behind him and started to follow him. Christopher reached his destination. While inside his friend’s house, more squad cars showed up and officers surrounded the house. Christopher and his friend were asked to exit the house and lay down on the ground out front. Numerous suspects were brought to the same location and asked to do the same. Christopher was eventually singled out as a person of interest even though his clothing didn’t match the description of the clothing the perpetrators wore. Nevertheless, he was taken to the police station for questioning, handcuffed with his hands behind his back, and placed in a room by himself. A woman appeared with an officer that Christopher recognized as the one who had brought him in. The officer asked the woman if Christopher was the man who had killed her husband. She confirmed that he was.

Christopher was charged with murder and after an eight day trial, received a life sentence. It had been that easy to take an innocent life and turn it into a hellish nightmare.

During the film, I glanced over at Christopher on occasion to observe his reactions to the tragedies that unfolded before us. Each time, I saw tears in his eyes. I guessed that the drive…strength of character…and courage of this man along with an ability to show compassion and empathy toward others—all of which were aptly portrayed in the film—were rooted in the pain he was now feeling as he relived those moments.

(Photo courtesy of the Hamline University Center for Justice and Law)              

After the film, Christopher spoke to the audience and kindly mentioned my name when expressing his appreciation for the support he received that evening. During an interactive discussion that followed, many in the audience expressed their dismay about what they had witnessed, the many lives torn apart, and how widespread the corruption within the criminal justice system is. One woman shared a personal story about her son’s recent wrongful conviction. This spurred a conversation about term limits, elections, and how judges and prosecutors are too easily re-elected especially when they run unopposed. Also mentioned was the despicable lack of accountability of these officials when findings of unethical and unlawful practices—blatant disregard for the law—are exposed.

Exoneree Christopher Scott with Joan and Mike Treppa                                       

Mike and I did get the chance to speak with Christopher at length afterward. I remarked, “You didn’t have a dry eye the entire time, did you?”

“No, I didn’t,” he admitted. “This stays with you,” said Christopher of his experience. “And I don’t expect it will ever go away.”

Also joining the conversation was Mark Saxenmeyer, CEO of The Reporter’s Inc.; a Minneapolis based journalistic production company promoting social change and justice through multimedia storytelling.

“Mark is producing a wrongful conviction documentary called Guilty Until Proven Innocent,” I told Christopher.

Mark went on to explain that this film is still in production. “Ours will run as a series and focus on a number of wrongful conviction cases from across the country,” Mark said. “And the Wisconsin Monfils case will be featured in this series.” .                

Ironically, 2009 was a pivotal year for Christopher…and for me. He had been declared “actually innocent” and was released from prison when the person who committed the murder came forward to confess. He spent thirteen years in prison for a crime he did not commit.

2009 was the year I learned there are innocent people in prison and that they can be convicted based on little, inadequate, flawed or NO evidence whatsoever. I learned that in a significant amount of cases, evidence is even fabricated to fit a specific theory! That year I began my crusade on behalf of the six innocent men convicted in the 1992 death of mill worker Tom Monfils; a murder many of us believe never happened.

(L to R) Decedent Tom Monfils, convicted men; Dale Basten, Michael Johnson, Michael Hirn, Reynold Moore, Keith Kutska, and exoneree Michael Piaskowski  

I was able to share an incredible irony with Christopher about Jamie Meltzer; MFA program director in documentary film at Stanford University and director of True Conviction. Years ago, through an online networking webpage called About.me, a similar interest in wrongful convictions forged a brief connection between Jamie and me. The timeline suggests he was in the early stages of putting this film together while I was in the throes of publicizing my mission on behalf of the Wisconsin men. Because of Jamie’s affiliation with Stanford University, I had given him the name of Lawrence Marshall—also affiliated with Stanford—as a reference for his project because of my knowledge of the appellate work Marshall had done for one of the six wrongfully convicted men I support.

Final thoughts: I see time and again that until a wrongful conviction touches us personally, we too easily and too often cast the issue aside as irrelevant or insignificant. We must acknowledge that these circumstances destroy families, tear communities apart, and affect our everyday lives more than we could ever imagine. We must celebrate people like Jamie, entities like PBS, and organizations like House of Renewed Hope, The Reporter’s Inc., The Innocence Network, and The Center for Justice and Law, all of whom so willingly and diligently create an awareness and help to change laws and procedures that undermine our freedoms.

Please join me in saying…THANK YOU!

1) As is on the HRH website: “Sadly in 2018, cancer took Johnnie’s life but his spirit lives on and he will forever be a member of the team.”

2) Dale Basten—the oldest of the Wisconsin men—was paroled in 2017 due to his failing health when his medical costs at $92K/yr. became too costly for the WI prison system to absorb. Sadly, in June of 2018, he passed away in a nursing home with his two daughters at his side.

Youth=Our Future

A Happy New Year to everyone!!

On Thursday, December 21, 2018 I was scheduled to do a presentation for students in two of Mr. Lance Pettis’ Criminal Justice classes at Blaine High School. As I approached the school entrance, I recalled the warm reception my trusted partner; retired crime scene expert John Johnson, and I had received from the previous year’s classes. We were delighted by their interest as we navigated through a foreboding overview of wrongful convictions.

Doing a similar presentation on my own this year, I hoped to again achieve the same level of interest. I arrived equipped with a new PowerPoint program I put together that provided an informative pictorial presentation for them.

BlaineHS-2

Johnny and me last year discussing the Wisconsin Monfils case 

Prior to visiting these classes, I asked Mr. Pettis to give the students an assignment; to read the entire second chapter in my book, Reclaiming Lives. The chapter titled Tragedy in Titletown is one of the longest, filling sixteen pages. It’s a detailed summation of events leading up to the 1992 death of mill worker Tom Monfils in a Green Bay paper mill and the convictions of six innocent men two and a half years later. Having the students read this chapter allows me to focus on other important aspects such as some of the leading causes of wrongful convictions, i.e., perjury or false accusations, false confessions, false or misleading forensic evidence, and government misconduct. I then indicate how some of them affected the outcome in the Monfils case and disclose the new evidence that has since come to light.

It’s a lot of information to take in so at about the halfway point of the presentation, we take a short breather and have some fun. This is also when we get to the last of the main leading causes of wrongful convictions; mistaken identification. I test the student’s ability to accurately identify the true perpetrator in the example below and then I watch their reactions as I disclose the alarming answer. This is my absolute favorite part of the presentation because what is revealed blows their minds, which is not an easy thing to do when dealing with students! And I know that if they remember nothing else, they will certainly remember this exercise.

The police sketch in the center represents the actual image that was televised across the country in 1995. One of the photos on either side of the sketch is the correct match. The point of this exercise is that out of the current 350+ DNA exonerations, misidentification of a suspect through the use of a composite sketch is incorrect 27% of the time, according to the Nat. Registry of Exonerations. However, the results from this one reveal a much higher fallibility rate.*

                                                                                         Police Sketch 

As is typical in all past sessions, the time flew by with the students posing carefully thought-out questions during the forty-five-minute presentation. It was and always is refreshing to also hear correct answers to many of mine.

In the time remaining before the bell rang these students asked about likely motives of the authorities to convict the wrong person, compensation for exonerees, and if people’s rights are reinstated when exonerated. One thoughtful student wondered how they (as students) can be helpful in spreading the word about wrongful convictions. Another asked if I’d pose for a photo. I appreciated their positive feedback about the chapter with some of them mentioning how much they enjoyed it and how well they thought it was written.

I recently sat in my dining room with reporter, Eric Hagen, who wrote an article about my efforts for the Blaine edition of my local Life circular. I expressed the need to educate students on this topic and to prepare them before they find themselves in a vulnerable situation. I explained to him that my outline also includes a discussion about the Miranda Warning because of the importance of students being proactive and knowing their rights as citizens, should they be targeted by law enforcement.

Brendan-dassey

Brendan Dassey from the docuseries Making A Murderer

Stat for juveniles

An alarming statistic from the Innocence Project states that “65% of the juveniles exonerated through DNA evidence falsely confessed to crimes they didn’t commit.” Circumstances such as Brendan Dassey’s also suggest an increased risk of youth being wrongfully convicted because of a low IQ or being unaware that they should not talk to the police without an adult (attorney or parent) present. Research also yields that an overwhelming number of young people between the ages of eighteen to twenty-three are targeted for crimes.

Innocent people fear if they lawyer up they will appear guilty. In fact, innocent people are better served with having a lawyer present than a guilty person because for them, there’s much more at stake. And because innocent people also feel they have nothing to hide and want to be helpful by cooperating, they become more vulnerable to trickery when accusations are aimed at them. They don’t understand that law enforcement can and will lie or become narrowly focused on them despite reasonable doubt. They don’t realize until it’s too late that an interview can quickly become overly aggressive in order to speed up an investigation or force a confession. In all fairness, with officers under extreme pressure to close a case, investigations are done quickly. Mistakes get made. Rush to judgement occurs. Lives are destroyed and then seep into non-existence. Respect from those around them turns to loathing. The innocent are shunned…silenced…hidden away. And hope for many bright futures fades.

Which is why educating our youth becomes urgent…because they are our future.

To learn more about the psychology behind why people confess to crimes they did not commit, check out this YouTube Trailer of the The Confession Tapes. (A Netflix Documentary).

*Answer to exercise:

The correct answer is the photo on the right. This is Timothy McVeigh; U.S. Army soldier, American terrorist, and the Oklahoma City Bomber. He detonated a truck bomb in front of the Alfred P. Murrah federal building in 1995 killing 168 people and wounding over 600. He was executed in 2001 for this crime.

The photo on the left is my son, Jared Manninen. He was also in the military at the time of the bombing but was stationed in CA. At least half and in some instances, approximately two thirds of students and others not familiar with this case, make the wrong choice by picking his photo with complete certainty!

Could my son have been the victim of a wrongful conviction had the circumstances been different? I shudder at the thought…